This rule does not create new requirements—it simply updates ATF regulations to reflect that export controls are now shared between the Department of State and the Department of Commerce.
Impact: Minimal to none.
Applies to: Primarily FFLs and industry (exporters/importers), with little to no direct impact on individual gun owners.
What this rule means
ATF updated its regulations to reflect a structural change that already happened years ago:
- Export control authority is now split between the Department of State (ITAR) and the Department of Commerce (EAR)
- ATF regulations previously referenced only the State Department
- This rule updates those references to include Commerce where appropriate
This aligns ATF rules with the broader Export Control Reform changes that took effect around 2020.
What the rule actually does
- Adds references to the Department of Commerce throughout ATF regulations (27 CFR Parts 447 and 479)
- Clarifies that exporters may need:
- A State Department license (ITAR) OR
- A Commerce Department authorization (EAR)
- Updates import/export provisions to reflect that:
- Some items are now controlled by Commerce instead of State
- Makes minor technical edits for clarity (wording, punctuation, agency names)
- Reinforces an existing requirement that exporters must comply with license terms before exporting
What will change (real-world impact)
For FFLs / Industry (Primary Impact):
- No new compliance obligations
- No new licenses required beyond what already exists
- Simply clarifies that:
- You may be dealing with Commerce (BIS) instead of (or in addition to) State (DDTC) depending on the item
- Helps prevent confusion about which agency has jurisdiction
For Individuals:
- No meaningful impact
- This rule deals with import/export regulations, not domestic ownership or use
For the system overall:
- Aligns ATF regulations with the post-2020 export control framework
- Reduces ambiguity about which federal agency controls certain firearms-related exports
Key Takeaways
- Not a new regulatory burden—just a clarification
- Reflects changes already implemented under Export Control Reform
- Confirms that export authority is split between State and Commerce
- No cost, compliance, or operational impact expected
Rule to be Published:
DEPARTMENT OF JUSTICE
Bureau of Alcohol, Tobacco, Firearms, and Explosives
27 CFR Parts 447 and 479
[Docket No. ATF-2026-0332; ATF No. 2020R-03D]
RIN 1140-AA66
Export Control Reform – Conforming References to Department of Commerce
AGENCY: Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of
Justice.
ACTION: Direct final rule.
SUMMARY: The Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”) is
amending Department of Justice (“Department”) regulations to make administrative and
technical clarifying revisions. These revisions add conforming references to the
Department of Commerce in the relevant processes, and respond to regulatory changes
already made by the Departments of Commerce and State that have effectively divided
export and temporary import controls between those two agencies. The revisions also
make minor technical amendments to punctuation for better clarity.
DATES: This direct final rule is effective on [INSERT DATE 60 DAYS AFTER DATE
OF PUBLICATION IN THE FEDERAL REGISTER], unless significant adverse
comments are received by [INSERT DATE 30 DAYS AFTER DATE OF
PUBLICATION IN THE FEDERAL REGISTER]. If ATF receives a significant adverse
comment within the stated time that warrants revising the rule (as described under the
“Public Participation” heading in the SUPPLEMENTARY INFORMATION section of
this regulation at part IV of this preamble), ATF will publish a notice in the Federal
Register withdrawing the rule before the effective date. Commenters should be aware that
the https://www.regulations.gov comment system will not accept comments aftermidnight Eastern Time on the last day of the comment period.
ADDRESSES: You may submit comments, identified by RIN 1140-AA66, by either of
the following methods —
• Federal e-rulemaking portal: https://www.regulations.gov. Follow the
instructions for submitting comments.
• Mail: ATF Rulemaking Comments; Mail Stop 6N-518, Office of Regulatory
Affairs; Enforcement Programs and Services; Bureau of Alcohol, Tobacco, Firearms, and
Explosives; 99 New York Ave, NE; Washington, DC 20226; ATTN: ATF RIN 1140-
AA66.
Instructions: All submissions must include the agency name and number (RIN
1140-AA66) for this direct final rule. ATF may post all properly completed comments it
receives from either of the methods described above, without change, to the federal e-
rulemaking portal, https://www.regulations.gov. This includes any personally identifying
information (“PII”) or business proprietary information (“PROPIN”) submitted in the
body of the comment or as part of a related attachment they want posted. Commenters
who submit through the federal e-rulemaking portal and do not want any of their PII
posted on the internet should omit it from the body of their comment and any uploaded
attachments that they want posted. If online commenters wish to submit PII with their
comment, they should place it in a separate attachment and mark it at the top with the
marking “CUI//PRVCY.” Commenters who submit through mail should likewise omit
their PII or PROPIN from the body of the comment and provide any such information on
the cover sheet only, marking it at the top as “CUI//PRVCY” for PII, or as
“CUI//PROPIN” for PROPIN. For detailed instructions on submitting comments and
additional information on the rulemaking process, see the “Public Participation” heading
of the SUPPLEMENTARY INFORMATION section of this document. A summary of
this rule may be found at https://www.regulations.gov. Commenters must submitcomments by using one of the methods described above, not by emailing the address set
forth in the following paragraph.
FOR FURTHER INFORMATION CONTACT: Office of Regulatory Affairs, by
email at ORA@atf.gov, by mail at Office of Regulatory Affairs; Enforcement Programs
and Services; Bureau of Alcohol, Tobacco, Firearms, and Explosives; 99 New York Ave,
NE; Washington, DC 20226; or by telephone at (202) 648-7070 (this is not a toll-free
number).
SUPPLEMENTARY INFORMATION:
I. Background
The Attorney General is responsible for enforcing the National Firearms Act
(“NFA”), as amended, 26 U.S.C. chapter 53.1 Congress and the Attorney General have
delegated the responsibility for administering and enforcing the NFA to the Director of
ATF (“Director”), subject to the direction of the Attorney General and the Deputy
Attorney General. See 28 U.S.C. 599A(b)(1), (c)(1); 28 CFR 0.130(a)(1)–(2); Treas.
Order No. 221(2)(a), (d), 37 FR 11696–97 (June 10, 1972).2 Accordingly, the Department
and ATF have promulgated regulations to implement the NFA in 27 CFR part 479.
Through Executive Order 13637, the President delegated authorities under the
Arms Export Control Act (“AECA”) to the Secretary of State, including controls for
exporting and temporarily importing defense articles and defense services. E.O. 13637,
sec. 1(n)(i), 78 FR 16129 (Mar. 8, 2013). The International Traffic in Arms Regulations
(“ITAR”), 22 CFR part 120 et seq., implements the Secretary of State’s delegated AECA
1 Some NFA provisions still refer to the “Secretary of the Treasury.” However, the Homeland Security Act
of 2002, Pub. L. 107–296, 116 Stat. 2135, transferred the functions of ATF from the Department of the
Treasury to the Department of Justice, under the general authority of the Attorney General. 26 U.S.C.
7801(a)(2); 28 U.S.C. 599A(c)(1). Thus, for ease of reference, this direct final rule refers to the Attorney
General where relevant.
2 In Attorney General Order Number 6353-2025, the Attorney General delegated authority to the Director
to issue regulations pertaining to matters within ATF’s jurisdiction, including under the NFA, Gun Control
Act, and Title XI of the Organized Crime Control Act. ATF’s jurisdiction also includes the Contraband
Cigarette Trafficking Act.authorities and enumerates the defense articles and defense services the Secretary of State
regulates for export and temporary import purposes on the regulatory United States
Munitions List (“USML”) at 22 CFR 121.1.
Additionally, the President delegated to the Attorney General authority under the
AECA to control permanently importing defense articles and defense services. See E.O.
13637, sec. 1(n)(ii). In exercising that authority, the Attorney General “shall be guided by
the views of the Secretary of State on matters affecting world peace, and the external
security and foreign policy of the United States.” Id. The Attorney General has delegated
this AECA permanent import control authority to ATF. See 28 CFR 0.130(a)(6)(vi). ATF
promulgated its AECA regulations at 27 CFR part 447. ATF’s AECA regulations include
the United States Munitions Import List (“USMIL”) at 27 CFR 447.21. The USMIL
enumerates AECA defense articles and defense services that are controlled by the
Attorney General for permanent import purposes pursuant to the AECA, 22 U.S.C. 2778,
and Executive Order 13637. While the defense articles and services on the USML under
ITAR for export and temporary import and the defense articles and services on the
USMIL for permanent import purposes are separate lists, there is some overlap between
items listed on the USML and USMIL.
In 2009, the Export Control Reform initiative (“ECR”) was launched to conduct a
comprehensive review of the U.S. export control system.3 As part of ECR regulatory
revisions to update the U.S. export control system, the Department of State revised, for
export and temporary import control purposes, the ITAR listing of some defense articles
and services on the USML, with the effect that those defense articles and services became
subject to the Department of Commerce’s Commerce Control List (“CCL”) in the Export
3 U.S. Army Acquisition Support Center, Export Control Reform: An Overview of President Obama’s
Initiative (Aug 1, 2012), https://asc.army.mil/web/access-export-control-reform-an-overview-of-president-
obamas-initiative/ (last visited Jan 4, 2026).Administration Regulations (“EAR”), 15 CFR parts 730–774.4 This revision was based
on the Department of State’s determination that those defense articles and services no
longer warrant export and temporary import control under the ITAR. As a result of these
ECR regulatory changes, which became effective in March 2020,5 the Department of
State and the Department of Commerce now have divided jurisdiction over export and
temporary import controls for items that are also USMIL defense articles controlled by
ATF for permanent import purposes. Specifically, the Department of State now controls
for export and temporary import purposes those AECA defense articles also appearing on
the USMIL that are subject to their export and temporary import jurisdiction under the
ITAR, and the Department of Commerce now controls for export and temporary import
purposes those AECA defense articles also appearing on the USMIL that are subject to
their export and temporary import jurisdiction under the EAR.
ATF is therefore amending ATF regulations in this direct final rule to add a
reference to the Department of Commerce, as appropriate, in those regulatory provisions
that currently refer only to the Department of State.
II. Direct Final Rule
This direct final rule updates ATF’s regulatory provisions by adding references to
the Department of Commerce in 27 CFR part 447 (regulations promulgated under the
AECA) and 27 CFR part 479 (regulations promulgated under the NFA) to conform to the
Department of Commerce’s control over certain items as a result of the ECR. More
specifically, this direct final rule adds references to the Department of Commerce in the
applicable sections in parts 447 and 479 to refer to those transactions that implicate the
4 See, e.g., Amendment to the International Traffic in Arms Regulations: Initial Implementation of Export
Control Reform, 78 FR 22740 (Apr. 16, 2013); Amendment to International Traffic in Arms Regulations:
Continued Implementation of Export Control Reform, 78 FR 40922 (Jul. 8, 2013); see also 15 CFR
734.3(b)(1) (excluding from EAR “[i]tems that are exclusively controlled for export or reexport by” the
Department of State.”).
5 See International Traffic in Arms Regulations: U.S. Munitions List Categories I, II, and III, 85 FR 3819
(Jan. 23, 2020); Control of Firearms, Guns, Ammunition and Related Articles the President Determines No
Longer Warrant Control Under the United States Munitions List (USML), 85 FR 4136 (Jan. 23, 2020).Department of Commerce’s export and temporary import jurisdiction.
A. 27 CFR part 447, importing arms, ammunition, and defense articles
This direct final rule amends the articles-in-transit provision at 27 CFR 447.46 to
add a reference to the Department of Commerce and its EAR at 15 CFR 758.10. Articles
subject to 27 CFR part 447 import permit procedures that are entering the United States
only temporarily pending removal, and articles temporarily taken out of the United States
for subsequent return to the United States, are not considered imported or exported for
part 447 purposes. Those temporary import and temporary export transactions are now
subject to in transit or temporary export procedures of either the Department of State or
the Department of Commerce. In addition, this rule makes a minor plain writing edit to
remove the words “shall be” and “will be,” replacing the first with the word “are.”
This direct final rule also amends the exemption provisions at § 447.53(a)(3) and
(b) to add references to the Department of Commerce after existing references to the
Department of State. Section 447.53(a)(3) currently states that part 447 provisions do not
apply to importing articles (other than firearms as defined in 18 U.S.C. 921(a)(3))
manufactured in foreign countries for persons in the United States that are subject to
Department of State approval. ATF is adding “or Department of Commerce” after
“Department of State” to conform to the regulatory changes made through the ECR such
that the exemption applies to articles subject to either department’s approval. The
provision at 27 CFR 447.53(b) currently states that any person seeking to import USMIL
defense articles exempt under § 447.53(a) may obtain release of such articles from
Customs custody by submitting, to the customs officer with authority to release, a
statement claiming the exemption accompanied by satisfactory proof of eligibility. The
proof may be in the form of a letter from the Department of Defense or State, as the case
may be, confirming the person has met the exemption conditions. This direct final rulereplaces “Department of Defense or State” with “Departments of Defense, State, or
Commerce” in § 447.52(b).
Additionally, this direct final rule makes technical amendments to § 447.53(a)(1)-
(3) to change the word “importation” to “importing” where it appears in each paragraph,
and to § 447.53(a)(3) to add a missing punctuation mark, specifically to close the
parenthetical phrase that ends after the citation “18 U.S.C. 921(a)(3),” and to change the
term “Customs” to the term “Customs and Border Protection” and its subsequent
abbreviation, to conform with that agency’s preference.
B. 27 CFR part 479, machine guns, destructive devices, and certain other firearms
This direct final rule also amends the requirements at § 479.122(b), on exporting
firearms caliber .22 or larger, by adding a conforming reference to the Department of
Commerce — “other authorization from” in addition to the license requirement — due to
Department of Commerce practices. In addition, this rule amends the requirements (1) by
restructuring the last sentence to clarify up front that the person must obtain the license or
authorization prior to exporting, rather than mentioning that at the end as the existing
regulation does, and (2) by providing the public updated contact information for the
Department of State and for the Department of Commerce regarding export
authorizations.
Finally,6 the direct final rule adds to § 479.122(b) a new last sentence to simply
remind exporters of an existing obligation, which is that they should abide by the terms
and conditions of the applicable exemption or license exemption prior to exporting
firearms caliber .22 or larger. This sentence reads, “Any such person should also comply
with the terms and conditions of an applicable Department of State exemption or
Department of Commerce license exception prior to exporting such firearms.” As
6 In addition, ATF is making conforming changes to § 447.11, § 479.114, and other applicable sections to
include the Department of Commerce. However, those changes are being made through different
rulemakings that are also updating other portions of the same sections, so are not included in this rule.described above, these changes are necessary to bring ATF’s export control regulations
into conformity with changes made in March 2020 as a result of the ECR. Those changes
included a split of Department of State authority over export and temporary import
controls between the Department of State and the Department of Commerce, which now
both control export and temporary import controls for items that are USMIL defense
articles that are also controlled by ATF for permanent import purposes.
III. Statutory and Executive Order Review
A. Administrative Procedure Act
Under 5 U.S.C. 553(b)(B) of the Administrative Procedure Act (“APA”), an
agency may forgo notice and comment when the agency for good cause finds such
procedures impracticable, unnecessary, or contrary to the public interest. Agencies may
dispense with the APA’s notice-and-comment requirements as unnecessary in situations
in which the rule is a routine determination, insignificant in nature and impact, and
inconsequential to the industry and to the public. Util. Solid Waste Activities Grp. v.
E.P.A., 236 F.3d 749, 755 (D.C. Cir. 2001). This formulation is consistent with the
explanation of the “unnecessary” prong of the good cause exemption that the Attorney
General issued contemporaneously to the APA. See Dep’t of Justice, Attorney General’s
Manual on the Administrative Procedure Act 31 (1947) (explaining that “unnecessary”
refers to a “minor rule or amendment in which the public is not particularly interested”).
This rule makes minor technical edits in the applicable sections in 27 CFR parts
447 and 479 to conform ATF’s regulations with regulatory changes already implemented
by the Departments of State and Commerce to divide their agency roles with regard to
controlled arms items. The rule achieves this primarily by adding references to the
Department of Commerce and its authorization for exports, plus a minor technical edit to
restructure a sentence so it is clearer that persons must submit applications and comply
with the terms of any exception they have before exporting.ATF does not anticipate controversy or significant comments on these changes
because the public and industry are well informed of the export control reform changes
that were initiated several years ago and became effective in 2020 as discussed in section
I of this preamble. The rule simply updates the regulation to reflect that import and export
controls are now divided between the Departments of State and Commerce, as opposed to
solely the Department of State. However, ATF is nonetheless providing a full opportunity
for notice and comment. Prior to the effective date of this rule, we will consider any
significant adverse comments we receive and withdraw the rule, if necessary, to address
them. Thus, ATF finds, for good cause, that it is unnecessary to first publish a notice of
proposed rulemaking for this rule.
In Recommendation 95-4, the Administrative Conference of the United States
(“ACUS”) endorsed direct final rulemaking as an appropriate procedure to expedite
promulgation of rules that are not controversial and that are not expected to generate
significant adverse comment.7 The direct final rule process allows an agency to issue a
rule that it believes to be noncontroversial “without having to go through the review
process twice . . . while at the same time offering the public the opportunity to challenge
the agency’s view that the rule is noncontroversial.”8 ACUS recommended that agencies
use the direct final rule process when they act under the “unnecessary” prong of the good
cause exemption in 5 U.S.C. 553(b)(B). Consistent with this recommendation, ATF is
making the changes to 27 CFR §§ 447.11, 447.46, 447.53, 479.114, and 479.122 through
a direct final rule because this rule makes noncontroversial changes, and ATF does not
expect to receive any significant adverse comments.
Unless we receive a significant adverse comment that warrants revising the rule
by [INSERT DATE 30 DAYS AFTER PUBLICATION IN FEDERAL REGISTER], this
7 Adoption of Recommendations, 60 FR 43108, 43110 (Aug. 18, 1995).
8 60 FR 43110–11.rule will become effective on [INSERT DATE 60 DAYS AFTER PUBLICATION IN
FEDERAL REGISTER]. If any timely significant adverse comments are received, ATF
will publish a notice in the Federal Register withdrawing this direct final rule before its
effective date. See section IV.A of this preamble on “Comments sought” for a description
of what is considered a significant adverse comment.
B. Executive Orders 12866 and 13563
Executive Order 12866 (Regulatory Planning and Review) directs agencies to
assess the costs and benefits of available regulatory alternatives and, if regulation is
necessary, to select regulatory approaches that maximize net benefits.
Executive Order 13563 (Improving Regulation and Regulatory Review)
emphasizes the importance of agencies quantifying both costs and benefits, reducing
costs, harmonizing rules, and promoting public flexibility.
This direct final rule adds conforming references to the Department of Commerce
in the ATF regulations at 27 CFR parts 447 and 479 as appropriate and relevant and a
minor technical edit to restructure a sentence so it is clearer that applications must be
submitted before exporting.
The Office of Management and Budget (“OMB”) has determined that this rule is
not a “significant regulatory action” under Executive Order 12866. Therefore, it did not
review this rule. There are no changes in ATF standards or compliance requirements;
therefore, ATF anticipates no costs or savings for this rule.
C. Executive Order 14192
Executive Order 14192 (Unleashing Prosperity Through Deregulation) requires an
agency, unless prohibited by law, to identify at least ten existing regulations to be
repealed or revised when the agency publicly proposes for notice-and-comment or
otherwise promulgates a new regulation that qualifies as an Executive Order 14192
regulatory action (defined in OMB Memorandum M-25-20 as a final significantregulatory action under section 3(f) of Executive Order 12866 that imposes total costs
greater than zero). In furtherance of this requirement, section 3(c) of Executive Order
14192 requires that any new incremental costs associated with such new regulations
must, to the extent permitted by law, also be offset by eliminating existing costs
associated with at least ten prior regulations. However, this direct final rule is not an
Executive Order 14192 regulatory action because it is not a significant regulatory action
as defined by Executive Order 12866 and it does not impose total costs greater than zero.
D. Executive Order 14294
Executive Order 14294 (Fighting Overcriminalization in Federal Regulations)
requires agencies promulgating regulations with criminal regulatory offenses potentially
subject to criminal enforcement to explicitly describe the conduct subject to criminal
enforcement, the authorizing statutes, and the mens rea standard applicable to each
element of those offenses. This rule does not create a criminal regulatory offense and is
thus exempt from Executive Order 14294 requirements.
E. Executive Order 13132
This regulation will not have substantial direct effects on the states, on the
relationship between the federal government and the states, or on the distribution of
power and responsibilities among the various levels of government. Therefore, in
accordance with section 6 of Executive Order 13132 (Federalism), the Director has
determined that this regulation does not impose substantial direct compliance costs on
state and local governments, preempt state law, or meaningfully implicate federalism. It
thus does not warrant preparing a federalism summary impact statement.
F. Executive Order 12988
This regulation meets the applicable standards set forth in subsections 3(a) and
3(b)(2) of Executive Order 12988 (Civil Justice Reform).
G. Regulatory Flexibility ActUnder the Regulatory Flexibility Act (“RFA”), 5 U.S.C. 601–612, agencies are
required to conduct a regulatory flexibility analysis of any rule subject to notice-and-
comment rulemaking requirements unless the agency head certifies, including a statement
basis, of the factual of small entities. Small entities include that the rule will not have substantial a significant economic impact on a
number certain small businesses, small
not-for-profit organizations that are independently owned and operated and are not
dominant in their fields, and governmental jurisdictions with populations of less than
50,000.
This rule simply adds references to the Department of Commerce in 27 CFR part
447 and part 479 to reflect the Department of Commerce’s control over certain items as a
result of the ECR and to refer to those transactions that implicate the Department of
Commerce’s export and temporary import jurisdiction. It also restructures a sentence to
make it more understandable in plain language of an existing obligation that the public
already complies with. The Director therefore certifies that this rule will not have a
significant economic impact on a substantial number of small entities as it imposes no
additional costs.
H. Unfunded Mandates Reform Act of 1995
This direct final rule does not include a federal mandate that will result in the
expenditure by state, local, and tribal governments, in the aggregate, or by the private
sector, of $100 million or more in any one year (as adjusted for inflation), and it will not
significantly or uniquely affect small governments.
Therefore, the ATF has determined that no actions are necessary under the
provisions of the Unfunded Mandates Reform Act of 1995.
I. Paperwork Reduction Act of 1995
Under the Paperwork Reduction Act of 1995 (“PRA”), 44 U.S.C. 3501–3521,
agencies are required to submit to OMB, for review and approval, any informationcollection requirements a rule creates or any impacts it has on existing information
collections. An information collection includes any reporting, record-keeping,
monitoring, posting, labeling, or other similar actions an agency requires of the public.
See 5 CFR 1320.3(c). This direct final rule does not create any new information
collection requirements or impact any existing ones covered by the PRA.
J. Congressional Review Act
This rule would not be a major rule as defined by the Congressional Review Act,
5 U.S.C. 804.
IV. Public Participation
A. Comments sought
ATF requests comments on this direct final rule from all interested persons.
Pertinent to this direct final rule, a significant adverse comment is a comment where the
commenter explains why the rule would be inappropriate, including by identifying
challenges to the rule’s underlying premise or approach, or would be ineffective or
unacceptable without a change. A comment is significant in the following circumstances:
(1) The comment opposes ATF’s assessment regarding the non-controversial
nature of the rule and provides a reason sufficient to require a substantive response in a
notice-and-comment process. For example, a substantive response may be required when:
(a) The comment causes ATF to reconsider its position or conduct additional
analysis;
(b) The comment raises an issue serious enough to warrant a substantive response
to clarify or complete the record; or
(c) The comment raises a relevant issue that was not previously addressed or
considered by ATF.
(2) The comment proposes a salient change or an addition to the rule, and it is
apparent that the rule would be ineffective or unacceptable without incorporation of thechange or addition; or
(3) The comment causes ATF to make a change (other than editorial or
administrative changes) to the rule.
All comments must reference this document’s RIN 1140-AA66 and, if
handwritten, must be legible. If submitting by mail, you must also include your complete
first and last name and contact information. If submitting a comment through the federal
e-rulemaking portal, as described in section IV.C of this preamble, you should carefully
review and follow the website’s instructions on submitting comments. Whether you
submit comments online or by mail, ATF will post them online. If submitting online as
an individual, any information you provide in the online fields for city, state, zip code,
and phone will not be publicly viewable when ATF publishes the comment on
https://www.regulations.gov. However, if you include such personally identifying
information (“PII”) in the body of your online comment, it may be posted and viewable
online. Similarly, if you submit a written comment with PII in the body of the comment,
it may be posted and viewable online. Therefore, all commenters should review section
IV.B of this preamble, “Confidentiality,” regarding how to submit PII if you do not want
it published online. ATF may not consider, or respond to, comments that do not meet
these requirements or comments containing excessive profanity. ATF will retain
comments containing excessive profanity as part of this rulemaking’s administrative
record, but will not publish such documents on https://www.regulations.gov. ATF will
treat all comments as originals and will not acknowledge receipt of comments. In
addition, if ATF cannot read your comment due to handwriting or technical difficulties
and cannot contact you for clarification, ATF may not be able to consider your comment.
ATF will carefully consider all comments, as appropriate, received on or before
the closing date.
B. ConfidentialityATF will make all comments meeting the requirements of this section, whether
submitted electronically or on paper, and except as provided below, available for public
viewing on the internet through the federal e-rulemaking portal, and subject to the
Freedom of Information Act (5 U.S.C. 552). Commenters who submit by mail and who
do not want their name or other PII posted on the internet should submit their comments
with a separate cover sheet containing their PII. The separate cover sheet should be
marked with “CUI//PRVCY” at the top to identify it as protected PII under the Privacy
Act. Both the cover sheet and comment must reference this RIN 1140-AA66. For
comments submitted by mail, information contained on the cover sheet will not appear
when posted on the internet but any PII that appears within the body of a comment will
not be redacted by ATF and may appear on the internet. Similarly, commenters who
submit through the federal e-rulemaking portal and who do not want any of their PII
posted on the internet should omit such PII from the body of their comment and any
uploaded attachments. However, PII entered into the online fields designated for name,
email, and other contact information will not be posted or viewable online.
A commenter may submit to ATF information identified as proprietary or
confidential business information by mail. To request that ATF handle this information as
controlled unclassified information (“CUI”), the commenter must place any portion of a
comment that is proprietary or confidential business information under law or regulation
on pages separate from the balance of the comment, with each page prominently marked
“CUI//PROPIN” at the top of the page.
ATF will not make proprietary or confidential business information submitted in
compliance with these instructions available when disclosing the comments that it
receives, but will disclose that the commenter provided proprietary or confidential
business information that ATF is holding in a separate file to which the public does not
have access. If ATF receives a request to examine or copy this information, it will treat itas any other request under the Freedom of Information Act (5 U.S.C. 552). In addition,
ATF will disclose such proprietary or confidential business information to the extent
required by other legal process.
C. Submitting comments
Submit comments using either of the two methods described below (but do not
submit the same comment multiple times or by more than one method). Hand-delivered
comments will not be accepted.
• Federal e-rulemaking portal: ATF recommends that you submit your comments
to ATF via the federal e-rulemaking portal at https://www.regulations.gov and follow the
instructions. Comments will be posted within a few days of being submitted. However, if
large volumes of comments are being processed simultaneously, your comment may not
be viewable for up to several weeks. Please keep the comment tracking number that is
provided after you have successfully uploaded your comment.
• Mail: Send written comments to the address listed in the ADDRESSES section of
this document. Written comments must appear in minimum 12-point font size, include
the commenter’s first and last name and full mailing address, and may be of any length.
See also section IV.B of this preamble, “Confidentiality.”
Disclosure
Copies of this rule and any public comments received in response to it are
available through the federal e-rulemaking portal at https://www.regulations.gov (search
for RIN 1140-AA66).
List of subjects
27 CFR Part 447
Administrative practice and procedure, Arms and munitions, Chemicals, Customs
duties and inspection, Imports, Penalties, Reporting and record-keeping requirements,
Scientific equipment, Seizures and forfeitures.27 CFR Part 479
Administrative practice and procedure, Arms and munitions, Exports, Imports,
Military personnel, Penalties, Reporting and record-keeping requirements, Seizures and
forfeitures, Taxes, Transportation.
For the reasons discussed in the preamble, ATF amends 27 CFR parts 447 and
479 as follows:
PART 447—IMPORTATION OF ARMS, AMMUNITION, AND IMPLEMENTS
OF WAR
1. The authority citation for part 447 continues to read as follows:
Authority: 22 U.S.C. 2778; E.O. 13637, 78 FR 16129 (Mar. 8, 2013).
§ 447.46 [Amended]
2. Amend § 447.46 by removing the words “shall be” and “will be” from the first
sentence and adding in place of “shall be” the word “are”; removing the word “Part”
from the parenthetical and adding in its place the word “part”; and adding “or the entry
clearance requirements for temporary imports maintained by the Department of
Commerce (see 15 CFR 758.10)” at the end of the second sentence.
§ 447.53 [Amended]
3. Revise § 447.53 to read as follows:
§ 447.53 Exemptions.
(a) The provisions of this part are not applicable to:
(1) Importing by the United States or any agency thereof;
(2) Importing components for items being manufactured under contract for the
Department of Defense; or
(3) Importing articles (other than those which would be “firearms” as defined in 18
U.S.C. 921(a)(3)) manufactured in foreign countries for persons in the United States
pursuant to Department of State or Department of Commerce approval.(b) Any person seeking to import articles on the U.S. Munitions Import List as
exempt under paragraph (a)(2) or (3) of this section may obtain release of such articles
from Customs and Border Protection (“CBP”) custody by submitting, to the CBP officer
with authority to release, a statement claiming the exemption accompanied by
satisfactory proof of eligibility. Such proof may be in the form of a letter from the
Departments of Defense, State, or Commerce, as the case may be, confirming that the
person has met the conditions of the claimed exemption.
PART 479—MACHINE GUNS, DESTRUCTIVE DEVICES, AND CERTAIN
OTHER FIREARMS
4. The authority citation for part 479 is revised to read as follows:
Authority: 26 U.S.C. 5801–5822; 26 U.S.C. 7801; 26 U.S.C. 7805.
§ 479.122 [Amended]
5. Revise § 479.122 paragraph (b) to read as follows:
§ 479.122 Requirements.
* * * * *
(b) Persons engaged in the business of exporting firearms caliber .22 or larger are
subject to the requirements of a license issued by, or other authorization from, the
Secretary of State or Secretary of Commerce. Prior to exporting such firearms, persons
intending to export them should register with the Department of State, Directorate of
Defense Trade Controls (DDTC), https://www.pmddtc.state.gov, or apply for an export
license to the Department of Commerce, Bureau of Industry and Security,
https://www.bis.gov/, depending on the relevant export control list. Any such person
should also comply with the terms and conditions of an applicable Department of State
exemption or Department of Commerce license exception prior to exporting such
firearms.Robert Cekada,
Director